West Virginia Code § 49-10-102

Bureau for Social Service employees exempt from Division of Personnel
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(a) The Commissioner of the Bureau for Social Services shall develop a merit-based system
policy for the bureau. The procedure shall include classification specifications, and may
include compensation adjustments, retention incentives, and hiring approval by the
commissioner. The commissioner shall have the full authority to evaluate applicants for
employment or promotion or make classification determinations for positiones within the
merit-based system. The pay rates and employment requirements shall be put into effect on
or before January 1, 2024. This merit-based system shall apply to new ermployees in the
above referenced job classifications and for existing employees who elect, in writing to enter
the merit-based system. The merit-based system is exempt from the Division of Personnel
and all requirements of §29-6-1 et seq. of this code and any related rules. There is no
requirement for uniformity regarding the pay scale for the stame classification between
regions of the state to account for market rates and demand for specific positions. The
provisions of §6C-2-1 et seq. of this code are not applicable.
(b) Funding for the pay rates and employment requirements shall be provided from the
appropriation to the bureau. s
(c) The commissioner may conduct periodic wage and compensation analysis of identified
market rates for the above positionsg as determined by the commissioner.
(d) The commissioner shall report to Legislative Oversight Commission of Health and Human
Resources accountability by January 1, 2024.

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